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August 19th hearing transcript now available


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I don't click on Volin's crap
 
Holy crap, according to Kessler, Goodell ruled that Wells would not be allowed as a witness, and only reversed that decision last minute on the day of the hearing, so Kessler had to improv his line of questioning.
 
P9-15: NFL's failure to request a stay of Doty's Peterson decision during appeal allows it to be a viable precedent. This is the same issue for which Goodell is going before Doty on 8/26 for a contempt hearing.
 
Page 20 and 21 regarding equipment violations are gem.
 
Page 20 and 21 regarding equipment violations are gem.
"The specific governs over the general". It's the opposite of what Spock said :)
 
P22-23: Vincent could have conducted his own investigation if he was dissatisfied with Wells, but instead decided to accept Wells and finding of "general aware" and per Kessler that is not grounds for discipline (citing history of no suspension for knowledge of others' violation).
 
Wow, Berman saying defering to arbitrator is somethiong judges have difficulty doing

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P22-23: Vincent could have conducted his own investigation if he was dissatisfied with Wells, but instead decided to accept Wells and finding of "general aware" and per Kessler that is not grounds for discipline (citing history of no suspension for knowledge of others' violation).

The NFL's rebuttal, of course, is that the findings said he was at least generally aware. Which is roughly equivalent to saying that, since someone was guilty of going at least 2mph over the speed limit, you can rightly conclude that he was going 50 mph over and is guilty of felony reckless driving.
 
P28: In reviewing Wells/Exponent conclusins, Kessler explicit about not questioning the data, but rather the assumptions and procedures. That takes care of Garvey issue.
 
The NFL's rebuttal, of course, is that the findings said he was at least generally aware. Which is roughly equivalent to saying that, since someone was guilty of going at least 2mph over the speed limit, you can rightly conclude that he was going 50 mph over and is guilty of felony reckless driving.
It actually implies a flagrant disrespect for the law making him a likely suspect for the murder in the next county.
 
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P28: In reviewing Wells/Exponent conclusins, Kessler explicit about not questioning the data, but rather the assumptions and procedures. That takes care of Garvey issue.
Yep, because Kessler isn't a moron talk radio host who can't come up with a single differentiating factor between two completely unrelated cases.
 
p30 Kessler on evident partiality. Goodell was asked to recuse himself since the appeal was about him. He had done that in the Rice case, appointing Judge Jones as arbiter.
 
p31 More on evident partiality: press release lauding Wells report after refusing to step down as arbiter.
 
page 80-81 on the jets game is also pretty nice.
 
P32: Kessler on Fundamental Fairness - NFL failure to grant access to relevant evidence. No access to Wells notes/transcripts. Wells partner cross examines Brady and he had access to the notes.
 
P33: In Bounty appeal Goodell denied access to investigator notes, but Tagliabue overruled.
 
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